Sushil Tyagi And 3 Others vs State Of U.P.
2023 Latest Caselaw 25869 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:182823
 
Court No. - 71
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9552 of 2023
 

 
Applicant :- Sushil Tyagi And 3 Others
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Madhava Nand Shukla
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

1. Heard Mr. Madhava Nand Shukla, learned counsel for the applicants and learned Additional Government Advocate for the State.

2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking anticipatory bail in Case No.16029/2009 of 2022 arising out of Case Crime No.102 of 2022, under Sections 427, 332/34 IPC and 3/4 Prevention of Damages to Public Property Act, Police Station Mansoorpur, District Muzaffar Nagar.

3. During arguments, learned counsel for the applicants has submitted that since all the offences are punishable below seven years, a direction may be issued to the court below to decide the bail application of the applicants in view of the judgment in the case Satender Kumar Antil vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

4. Considering the facts and circumstances of the case, the present anticipatory bail application is disposed of with the direction that in case the applicants appear before the court below and file bail application, the same shall be heard and disposed of expeditiously by the court below in view of the settled law laid by this Court in the case of Satender Kumar Antil (Supra).

5. The present anticipatory bail application stands disposed of.

Order Date :- 21.9.2023

Ajeet